2012 (10) TMI 1104 - AT - Income Tax

Summary

Issues involved: Challenge to jurisdiction of Assessing Officer in framing assessment u/s 153C read with Section 153A of the Income Tax Act.

Summary:
The appeal was filed against the order of the ld. CIT(A)-1, Ahmedabad dated 12.11.2009, challenging the jurisdiction of the Assessing Officer in framing the assessment u/s 153C read with Section 153A of the Act. The appellant contended that previous ITAT decisions supported quashing such assessments. However, the ld. CIT(A) dismissed the appeal, stating that the assessment was framed u/s 143(3) of the Act, a normal scrutiny assessment order.

The appellant argued that the assessment for the year of search should be under u/s 153C or 153A, citing a previous ITAT decision. After considering both parties' arguments and noting the search date, the Tribunal applied the precedent set by the ITAT in a similar case. The Tribunal held that the Assessing Officer's order was u/s 153C r.w.s. 153A, and following the previous ITAT decision, the order was quashed.

As a result of the decision to quash the assessment order, other grounds raised by both the assessee and the Revenue were deemed unnecessary for adjudication. The assessee's appeal was allowed, and that of the Revenue was dismissed.